Individual medical files - Commission

Opinion of 18 November 2008 on the notification for prior checking regarding the "management of individual medical files - Brussels, Luxembourg" case (Case 2004-225)

The opinion of the EDPS concerns the management of medical files by the European Commission. The medical service manages numerous medical files arising from a variety of medical activities to monitor the health of staff and fulfil its obligations to staff under the Staff Regulations.

After thorough analysis in the light of Regulation (EC) No 45/2001, the EDPS has concluded that the processing proposed does not involve any breach of the provisions of Regulation (EC) No 45/2001 provided, in particular, that the Commission:

• Adopts the pre-employment medical examination form as  adopted by the Interinstitutional Medical Board;
• States on the annual medical check up form that there is no obligation to take the HIV test;
• Reviews the annual medical check-up form that records the results of the physical examination and the list of tests required in the light of the principles of adequacy and proportionality;
• Adopts as a point of good practice the principle that the results of medical examinations carried out by a doctor chosen by the data subject will be passed on to the Commission medical service only with the freely given and informed consent of the employee;
• Sets a limited period for storing data on persons who are not recruited;
• Introduces a data access procedure for persons not recruited or others (temporary staff, private employees and scholarship holders working at the Commission in Luxembourg and in the JRCs) in respect of whom medical information has been recorded and who are also entitled to access under Article 13 of Regulation (EC) No 45/2001.